Agenda item
Clemence, 46 Shepherd Market, W1J 7QS
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 13 July 2023
Membership: Councillor Angela Piddock (Chair) Councillor Concia Albert and Councillor Louise Hyams
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Jack Robinson-Young
Presenting Officer: Roxsana Haq
Also Present: Jack Spiegler of Thomas and Thomas Partners representing the Premises Licence Holder, Nathan Lowry of the Applicant Company.
Application for a Variation in respect of Clemence 46 Shepherd Market London W1J 7QS 23/02937/LIPV
FULL DECISION
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Clemence 46 Shepherd Market, London W1J 7QS (“The Premises”). The Premises currently operates as a café and shop with a small bar serving coffees, carafes of wine, small glasses of “pression” craft beers and a short wine list. The Premises Licence Holder is 1WSBH Limited and the current Designated Premises Supervisor is Mr Nathan Lowry.
The Premises has had the benefit of a premises licence since 2022. The current premises licence (22/00815/LIPN) can be viewed at Appendix 2 of the agenda report along with the premises history at Appendix 3. The PLH has provided a mediation letter for the interested party. A copy can be found at Appendix 1.
The variation seeks the following:-
· To vary the terminal hour for the retail sale of alcohol on Thursday to Saturday from 22:30 to 23:30.
· To add Late Night Refreshment Thursday to Saturday 23:00 to 23:30
· To vary the opening hours on Friday to Saturday from 23:30 to 00:00.
The Premises are located within the West End Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse applications outside of the West End CIZ.
The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
Representations were received from one local resident citing concerns regarding public nuisance.
There is a resident count of 132.
Premises
Clemence
46 Shepherd Market
London
W1J 7QS
Premises Licence Holder
1WSBH Limited (“PLH”)
Ward
West End
Cumulative Impact
None
Special Consideration Zone
None
Activities and Hours applied for
As per the Premises Licence
Representations Received
· One local resident
Summary of Representations
· The application fails to take into account the impact of these extended licences on residents. Shepherd Market is typically residential above the ground floor, and the noise and disruption from late night drinking significantly impairs the experience of living in the Market. This problem
is exacerbated when drinkers are outside, and despite many assurances from business owners over the years (and indeed the terms of their licences), they prove incapable of limiting the outside crowds. The existing licensing hours are much more consistent with the mixed use nature of the neighbourhood and the extended hours should be rejected.
Policy Considerations
Policies HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy HRS1
A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:
1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of
alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into
account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
6. Pubs and bars, Fast Food and Music and Dance venues
Monday to Thursday: 10am to 11.30pm.
Friday and Saturday: 10am to Midnight.
Sunday: Midday to 10.30pm.
Sundays immediately prior to a bank holiday:
Midday to Midnight.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.
Policy RNT1
A. Applications outside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities being within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1,
PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
C. For the purposes of this policy a restaurant is defined as:
1. A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have collected themselves.
2. Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink for immediate consumption, except if provided via an ancillary delivery service to customers at their residential or workplace address.
4. Where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
5. The sale and consumption of alcohol prior to such meals may be
in a bar area but must also be ancillary to the taking of such meal.
DECISION AND REASONS
Ms Roxsana Haq, Presenting Officer summarised the application set out in the report before the Sub-Committee. She explained that the application was to vary the licence in respect of Clemence 46 Shepherd Market London W1J 7QS. The PLH is seeking to vary the terminal hour for the retail sale of alcohol Thursday to Saturday from 22.30 to 23.30, to add late-night refreshment and to vary the opening hours on Fridays and Saturdays. One local resident had maintained their representation. The Premises is situated in the West End Ward and does not fall within any area of Cumulative Impact nor Special Consideration Zone.
Mr Jack Spiegler Solicitor appearing on behalf of the PLH addressed the Sub-Committee and confirmed the following matters:-
· Mr Lowry is a serious operator with an existing portfolio.
· He is an operator you can trust to run premises professionally and harmoniously alongside local residents with the aim of promoting the licensing objectives.
· Each of his premises are different and tailored to their specific locations.
· Before submitting the application, Mr Lowry proactively consulted residents namely the Society of Mayfair and St James’ and those closest residents to the Premises.
· The view from local residents was that they wanted an earlier terminal hour than core hours.
· This is an existing well-run premises seeking a slight extension within core hours.
· A letter was hand delivered to the sole objector, but no response was received and this can be found at page 91 of the agenda report.
· The primary concern of the resident objector seems to be more of a general nature and not specifically in relation to the application.
· Furthermore, the resident in question lives on the other side of the building block so are unlikely to be directly affected by the operation.
· Mr Lowry’s offer invitation to engage remains open.
The Sub-Committee noted that the PLH had consulted with local people before the variation application was submitted.
In answer to questions from the Sub-Committee the PLH advised that the effect the proposed extension will have on the business will not be a huge extension but it will give customers the opportunity to dine later in the West End as well as help commercially. Mr Lowry explained that the application was largely driven by customer demand as they wanted to dine later and not necessarily be rushed.
Mr Horatio Chance the Legal Advisor to the Sub-Committee went through the suggested conditions. Mr Spiegler advised that all the proposed conditions were agreed. Mr Chance sought confirmation whether model condition MC24 was agreed with the PLH i.e. the requirement to have a telephone number available for the Manager of the Premises and this was confirmed.
Mr Spiegler said that he did not wish to sum up as he had addressed all of the key points in his submission to the Sub-Committee.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application. There was no policy presumption to refuse the matter under Policy RNT1, so the test was whether the licensing objectives are to be promoted.
In deciding the application, the Sub-Committee took into account the Sub-Committee papers, the requirements of the Act and the promotion of the licensing objectives.
The Sub-Committee was confident that the PLH would promote the licensing objectives given the proactive stance by the PLH to engage prior to submitting the application. This demonstrated to the Sub-Committee that the PLH was a responsible operator that cared about the interests of local residents signifying a willingness to engage in the licensing regime right from the outset.
The Sub-Committee concluded that the licensing objectives will be promoted in light of the ongoing commitment by the PLH to work with local residents, the measures it has in place when it came to the management of the Premises for the additional hours sought and therefore decided to GRANT the variation application meaning that an additional one hour for the terminal hour for the sale of alcohol is amended on Thursday to Saturday from 22:30 to 23:30, Late Night Refreshment is amended Thursday to Saturday 23:00 to 23:30 and the opening hours Friday to Saturday from 23:30 to 00:00.
The Sub-Committee concluded that the conditions imposed on the Premises Licence will be mitigate the concerns of the one local resident who had objected to the application and have the desired effect of promoting the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:
1. That the terminal hour for the Sale by Retail of Alcohol (On and Off the Premises) on Thursday to Saturday is varied from 22:30 to 23:30 hours.
2. To grant permission to add Late Night Refreshment (Indoors) Thursday to Saturday 23:00 to 23:30 hours.
3. That the Opening Hours on Friday to Saturday is varied from 23:30 to 00:00 hours.
4. That the Licence is subject to any relevant mandatory conditions.
5. That the existing conditions on the licence shall remain in full force and effect save as otherwise varied as specified below and numbered 6-27.
Conditions imposed by the Committee after a hearing with agreement of the Premises Licence Holder:-
6. There shall be no self-service of alcohol on the premises after 23:00.
7. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
8. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
9. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity
10. No waste or recyclable materials including bottles shall be moved, removed from or in outside areas between 2300 hours and 0700 hours on the following day.
11. The supply of alcohol shall be by waiter or waitress service only
12. The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.
For the purpose of this condition a ‘Substantial Table Meal’ means – a meal
such as might be expected to be served as the main midday or main evening
meal, or as a main course at either such meal and is eaten by a person seated
at a table, or at a counter or other structure which serves the purposes of a
table and is not used for the service of refreshments for consumption by
persons not seated at a table or structure servicing the purposes of a table
13. Alcohol may only be sold for consumption by members of a private club and their bona fide guests (not exceeding (4) guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or
application for membership and their admission
14. A list of the names and addresses of members of the Club shall be kept on the premises at all times together with a book showing the names and dates of attendance of any guests introduced by members. Both the list and the book shall be produced on demand for inspection by the police or an authorised officer of the Council
15. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with
the approved refuse storage arrangements by close of business.
16. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
17. There shall be no sales of alcohol for consumption off the premises after 23.00 hours.
18. All sales of alcohol for consumption off the premises shall be in sealed containers only
19. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
20. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
21. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
22. There shall be no smoking of shisha at any area dedicated for smoking.
23. All waste shall be properly presented and place out for collection no earlier than 30 minutes before the scheduled collection times.
24. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 07:00 hours on the following day.
25. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
26. All windows and the ground floor external doors, shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.
27. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
28. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
29. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
30. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
31. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
32. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
33. No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
34. CCTV:
a. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
b. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
c. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.
d. All recordings shall be stored for a minimum period of 31 days with date and time
stamping.
e. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
35. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
36. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
13 July 2023
Supporting documents:
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Clemence report_Redacted, item 4.
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